The Supreme Court today overturned decades of affirmative action programs used in the admissions process by colleges and universities across the U.S. The Hill reports that the majority opinion, written by Chief Justice John Roberts, invalidated admissions practices used by Harvard University and the University of North Carolina at Chapel Hill, finding that they did not comply with the 14th Amendment’s guarantee of equal protection. Roberts wrote, “Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping and lack meaningful end points.” Justice Sonia Sotomayor penned the dissenting opinion, stating that the ruling’s interpretation of the 14th Amendment is “grounded in the illusion that racial inequality was a problem of a different generation. ... Ignoring race will not equalize a society that is racially unequal.”

A federal judge issued a temporary partial injunction a Tennessee’s law banning certain gender-affirming care for transgender minors. The law, which was set to take effect July 1, would have banned transgender youth from accessing puberty blockers or hormone replacement therapy, reports WPLN. Judge Eli Richardson wrote that limiting gender-affirming care for transgender children, but not for cisgender or intersex children, “imposes disparate treatment on the basis of sex.” The state argued that gender-affirming treatment does not improve mental health, but the judge’s ruling refutes this argument. The Daily Memphian reports that Attorney General Jonathan Skrmetti filed an emergency motion asking the U.S. District Court for the Middle District of Tennessee to reverse the preliminary injunction and notified the court that it would appeal the decision to the U.S. Court of Appeals for the Sixth Circuit.

Knox County lawyer Keri Elizabeth Rule was reinstated to inactive status from disability inactive status on June 23. The Tennessee Supreme Court ordered that Rule stay on inactive status until further order.

The Tennessee Supreme Court reinstated two lawyers to the practice of law in Tennessee on June 22 after they were on inactive status for more than five years. Knox County lawyer Michael T. Gilmore was reinstated after being on inactive status since August 2014. The court made the reinstatement effective as of June 5. Kentucky lawyer Susan Michele Wilson was reinstated after being on inactive status since April 2012. The court made her reinstatement effective as of June 8.

Judge Eli J. Richardson, U.S. district judge of the U.S. District Court for the Middle District of Tennessee, yesterday granted a request for preliminary injunction in a case against Tennessee SB0001/HB0001, which prohibits a health care provider from performing medical procedures to assist a minor with an identification inconsistent “with the minor’s sex.” Judge Richardson in his order said the plaintiffs have demonstrated a strong or substantial likelihood of success on the merits of both their 14th Amendment Due Process and 14th Amendment Equal Protection claims against the bill. The order grants an injunction against “medical procedures,” but excludes “surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being[.]” which has been banned under certain circumstances by Tenn. Code Ann. § 68-33-103(a). “[Wednesday's] ruling acknowledges the dangerous implications of this law and protects the freedom to access vital, life-saving healthcare for trans youth and their families while our challenge proceeds,” said ACLU of Tennessee staff attorney and TBA LGBT Section Executive Council member, Lucas Cameron-Vaughn. “This law is an intrusion upon the rights and lives of Tennessee families and threatens the futures of trans youth across the state. We are determined to continue fighting this unconstitutional law until it is struck down for good.” The Washington Blade has more.

The Tennessee Supreme Court suspended 16 attorneys last week for failure to pay the annual registration fee; seven of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2023 or access all administrative suspensions dating back to 2005.

The TBA last week hosted its annual LGBT Forum to a virtual packed house. This year’s program was focused on issues facing the trans community, including health care, targeted legislation and personal experiences. Several participants also enjoyed a tour on Nashville’s Big Drag Bus, with performances from some of the city’s top drag queens. Special thanks to LGBT Section Chair Maureen Holland, the LGBT Section Executive Council, forum sponsor Bass Berry & Sims and our wonderful presenters for another remarkable seminar. Stay tuned for more exciting events to come from this section!

LGBT Section Executive Council

Maureen Holland, Holland & Associates, Section Chair
Casey Bryant, Advocates for Immigrant Rights, West Tennesse Delegate
Lucas Cameron-Vaughn, ACLU Tennessee, West Tennesse Delegate
Tim Capria, Bradley Arrant Boult & Cummings, Middle Tennessee Delegate
Richard Swor, Bradley Arrant Boult & Cummings, Middle Tennessee Delegate
Joshua Wallis, Rogers Brackin & Davis, West Tennesse Delegate

The Nashville Bar Association Young Lawyers Division is holding its 20th Annual DISCO Race Judicata on Saturday, Oct. 21, at Edwin Warner Park. The race will benefit two local charities: Able Youth and Achilles International Nashville. Last year, the race raised more than $22,000.  Get more information or register here.

The Tennessee Trial Lawyers Association recently held elections during the TTLA Annual Convention. Go here to see a complete list of the new TTLA Board of Governors. On Wednesday, the TTLA announced that Carey Acerra will serve as president for the 2023-2024 term. Acerra, a Memphis attorney, replaces Mark Chalos of Nashville who served as president from 2022-2023. Chalos now assumes the role of immediate past president and Danny Ellis of Chattanooga advances to the office of president-elect.

Join the Nashville Bar Association for its 25th Annual Carbolic Smoke Ball on Aug. 18, from 7:30-9:30 p.m. CDT at Anzie Blue, 2111 Belcourt Ave., Nashville 37212. All members of the Nashville legal community and their guests are invited. Get more information or purchase tickets.